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HomeMy WebLinkAbout13 073 Public Nuisance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT III , ,,,Po r- _ T y �,� , t�� � kIl 1Y Of MC B Y-. LAW NO. 2013 - 073 A BY -LAW TO PROHIBIT OR REGULATE PUBLIC NUISANCES WITHIN THE MUNICIPALITY OF KINCARDINE WHEREAS SECTION 5(3) of the Municipal Act, 2001, S.O. 2001, c25, as amended • ( "the Act") provides that a municipal power shall be exercised by by -law; AND WHEREAS section 9 of the Act, provides that a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS section 8 of the Act, provides that powers of a Municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues; AND WHEREAS section 10 of the Act, provides that a Municipality may pass by -laws respecting: Economic, social and environmental well -being of the Municipality; Health, safety and well -being of persons; Protection of persons and property; Structures, including fences and signs; AND WHEREAS section 128 of the Act, provides that, without limiting sections 9 and 10, a local Municipality may prohibit and regulate with respect to public nuisances, • including matters that, in the opinion of Council, are or could become or cause public nuisances, and the opinion of Council under this section, if arrived at in good faith, is not subject to review by any court; AND WHEREAS, in the opinion of Council, public nuisance, public urination and defecation, and knocking over objects on the Highway are or could become or cause public nuisances; AND WHERAS section 425 of the Act, established that any person who contravenes any by -law of the Municipality is guilty of an offence; AND WHEREAS section 435 of the Act, provides the exercise of powers of entry by municipal law enforcement officers and police officers; AND WHEREAS section 444 of the Act, provides that a municipality may make an order requiring a person who contravened a by -law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity; • NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: Page 2of4 Public Nuisance By -law By- law No. 2013 - 073 II 1. DEFINITIONS "Building" means any permanent structure consisting of a roof supported by walls or columns that is used or intended to be used for the shelter, accommodation or enclosure of persons, animals, goods, chattels or equipment; "Detachment Commander" means the officer in charge of the South Bruce Detachment of the Ontario Provincial Police, or designate; "Director" means the Director of Public Works for the Municipality of Kincardine; "Dwelling" means a building containing one or more dwelling units; "Municipality" means The Corporation of the Municipality of Kincardine "; "Person" means and individual, firm, corporation, partnership, association or organization, including a charitable organization; III "Public Nuisance" means on the premises within the Municipality and which, by reason of the conduct of the person in attendance, results in one of the following activities occurring so as to constitute a public nuisance whether occurring on neighbouring public or private property: disorderly conduct; public drunkenness or public intoxication; the unlawful sale, furnishing , or distribution of alcoholic beverages or controlled substances; the deposit of refuse on public or private property; damage to or destruction of public or private property; pedestrian traffic, vehicular traffic, or illegal parking that obstructs the free flow of traffic or could interfere with the ability to provide emergency services; unreasonable noise, including loud music or shouting; unlawful open burning or fireworks; public disturbances, including public brawls or public fights; "Public Place" means (a) a place outdoors to which the public is ordinarily invited or permitted access and, for greater certainty, shall include sidewalks, streets, any portion of a road allowance, parking lots, swimming pools, conservation area, parks, and playgrounds; (b) school grounds; and III (c) land, premises, or buildings owned, managed, or maintained by the Municipality; "Premises" means any public or private place in the Municipality, including but not limited to Highways, parks, parking lots, yards appurtenant to a building or dwelling or vacant lands, but does not mean a building or dwelling; "Highway" includes a common and public highway, street, avenue, parkway, square, place, bridge, viaduct, or trestle, designated and intended for, or used by , the general public for the passage of vehicles, and included the area between the lateral property lines thereof, including sidewalks and boulevards, and highways shall have the same meaning. 2. PROHIBITIONS 2.1 No person shall conduct the following activities so as to constitute a public nuisance whether occurring on neighbouring public or private property a) disorderly conduct; • b) public drunkenness or public intoxication; c) the deposit of refuse on public or private property; d) damage to or destruction of public or private property; e) pedestrian traffic, vehicular traffic, or illegal parking that obstructs the free flow of traffic or could interfere with the ability to provide emergency services; Page 3 of 4 Public Nuisance By -law By- law No. 2013 - 073 f) unreasonable noise, including loud music or shouting; • g) unlawful open burning or fireworks; h) public disturbances, including public brawls or public fights; 3. PUBLIC URINATION / PUBLIC DEFECATION 3.1 In Section 3 only, "Public Place" is defined as: "Public Place" includes a highway, public park, parking lot or other lands to which the public has access to, or right, or by invitation and includes private property that is exposed to public view, but does not include an enclosed washroom facility. 3.2 No person shall urinate or defecate in a Public Place. 4. MAILBOXES ETC. ON HIGHWAY 4.1 No person shall knock over or attempt to knock over a Canada Post mailbox, Canada post relay box, newspaper box, blue box, or garbage container, lawfully • located on a highway. This section shall not apply to Municipal employees, or any other person under contract with the Municipality while exercising their authorized duties on behalf of the Municipality. 5. PUBLIC NUISANCE 5.1 No person shall sponsor, conduct, continue, host, create, attend, allow, cause or permit a Public Nuisance. 5.2 No person who, individually or jointly with others, is an owner, occupant, tenant, or who otherwise has rightful possession of or possessory control of any premises, shall allow, cause or permit a Public Nuisance on said premises under their possession or control. 6. ORDER TO DISCONTINUE ACTIVITY 6.1 Upon the order of the Detachment Commander or designate a Public Nuisance shall cease and all persons not residing on the Premises shall leave the premises where it • is occurring. 6.2 An order under this section shall identify: a) the location of the land on which the contravention occurred; b) the reasonable particulars of the contravention of the By -law; and c) the date and time by which there must be compliance with the order. 6.3 An order under this section may be given verbally or may be served personally to the person to whom it is directed. 6.4 No person shall fail to leave the Premises after having been directed to leave the Premises by an order to discontinue activity under this By -law. 7. CLOSE PUBLIC HIGHWAYS 7.1 The Detachment Commander, or Director, may temporarily close any highway or portion thereof to public travel under this by -law where a Public Nuisance is • occurring on or adjacent to the Highway by placing a notice on the Highway to be closed in accordance with the Municipal Act, 2001. 7.2 Where a highway or portion has been closed under this By -law, the common law right of passage by the public over the highway and the common law right of access Page 4 of 4 Public Nuisance By -law By- law No. 2013 - 073 to the highway by an owner of land abutting the highway are restricted, as directed • by the Detachment Commander, or Director. 7.3 No person shall use a highway or portion of a highway that has been closed under this By -law except with lawful authority or in accordance with the direction of the Detachment Commander or Director. 7.4 No person shall, without lawful authority, remove or deface any barricade, device, detour sign or notice placed on a Highway pursuant to this By -law. 8. ENFORCEMENT AND INSPECTION 8.1 The provisions of this By -law may be enforced by the Detachment Commander, or other duly appointed person for the purpose of enforcing this By -law. 8.2 Every Detachment Commander, or designate may carry out an inspection to determine whether the provisions of this By -law are being complied with in accordance with the Act. • 9. PENALTY 9.1 Every person who contravenes any provisions of this By -law is guilty of an offence, and subject to the penalties as prescribed in the Provincial Offences Act, R.S.O 1990, c. P.33, as amended. 10. SEVERABILITY 10.1 If any provision or part of this By -law is declared by any court or tribunal or competent jurisdiction to be illegal or inoperative in whole or in part, or inoperative in particular circumstances, the balance of the By -law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect. 11. MISCELLANEOUS 11.1 This by -law shall come into full force and effect upon its final passage. 11.2 This by -law may be cited as the "Public Nuisance By- Law ". READ a FIRST and SECOND TIME this 12 day of June, 2013. ayor Clerk ( READ a THIRD TIME and FINALLY PASSED 12 day of June, 2013. • di Mayor Clerk • 1 PART II PROVINCIAL OFFENCES ACT THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY -LAW #2013 -073 Being a by -law to prohibit or regulate public nuisances within the Municipality of Kincardine. ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Offence Creating Provision or Defining Offence Set Fine 1 Park - Obstruct the free flow of traffic 2.1(e) $150.00 The penalty provisions for the offences listed above is Section 9 of By -law #2013 -073, a certified copy of which has been filed. 1 PART 1 PROVINCIAL OFFENCES ACT THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY -LAW #2013 -073 Being a by -law to prohibit or regulate public nuisances within the Municipality of Kincardine. ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Offence Creating Provision or Defining Set Fine Offence 1 Disorderly conduct 2.1 a) $300.00 2 Public drunkenness or public intoxication 2.1 b) $300.00 3 The deposit of refuse on public or private property 2.1 c) $300.00 4 Damage to or destruction of public or private property 2.1 d) $300.00 5 Unreasonable noise 2.1 f) $300.00 6 Unlawful open burning 2.1 g) $300.00 7 Unlawful fireworks 2.1 g) $300.00 8 Public disturbances 2.1 h) $300.00 9 Urinate or defecate in a public place 3.2 $300.00 10 Knock over or attempt to knock over mailboxes etc. 4.1 $300.00 11 Sponsor, conduct, continue, host, create, attend, allow, cause or 5.1 $300.00 permit a Public Nuisance 12 Individually or jointly allow, cause or permit a Public Nuisance 5.2 $300.00 under their possession or control 13 Failing to leave the premises after being directed to do so 6.4 $300.00 14 Use of highway that has been closed 7.3 $300.00 15 Remove or deface a barricade, device, detour sign or notice 7.4 $300.00 The penalty provisions for the offences listed above is Section 9 of By -law #2013 -073, a certified copy of which has been filed. • 1 ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By -law No. 2013 -073, of the Municipality of Kincardine, attached hereto are the set fines for those offences. This Order is to take effect August 20, 2013. Dated at London this 20 day of August 2013. Kathleen E. McGowan Regional Senior Justice West Region ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT PART II IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By -law No. 2013 -073, of the Municipality of Kincardine, attached hereto are the set fines for those offences. This Order is to take effect August 20, 2013. Dated at London this 20th day of August 2013. Kathleen E. McGowan Regional Senior Justice West Region The Municipality of Kincardine Part I Provincial Offences Act By-law No. 2013-073,as amended by By-law 2019-148: Public Nuisance By-law Page 1of1 Item COLUMN 1 COLUMN 2 COLUMN 3 Short form wording. Provision creating or defining Set fine offence 1 Disorderly conduct 2.1(a) 300.00 2 Public drunkenness or public intoxication 2.1(b) 300.00 3 The deposit of refuse on public or private 2.1(c) 300.00 property 4 Damage to or destruction of public or 2.1(d) 300.00 private property 5 Unreasonable noise 2.1(f) 300.00 6 Unlawful open burning 2.1(g) 300.00 7 Unlawful fireworks 2.1(g) 300.00 8 Public disturbances 2.1(h) 300.00 9 Urinate or defecate in a public place 3.2 300.00 10 Knock over or attempt to knock over 4.1 300.00 mailboxes etc. 11 Sponsor, conduct, continue, host, create, 5.1 300.00 attend, allow, cause or permit a public nuisance 12 Individually or jointly allow, cause or 5.2 300.00 permit a Public Nuisance under their possession or control 13 Jump, dive, leap or throw any object off or 6.1 300.00 from bridge. 14 Failing to leave the premises after being 7.4 300.00 directed to do so 15 Use of a highway that has been closed 8.3 300.00 16 Remove or deface a barricade, device, 8.4 300.00 detour sign or notice The general penalty provision for the offences listed above is Section 9 of By-law 2013-073 as amended a certified copy of which has been filed.